Cook

Cook v. Lamarque

Good Law
116 F. App'x 789
United States Court of Appeals for the Ninth CircuitOctober 14, 2004No. 03-15247California719 words

Opinion

Lead Opinion

MEMORANDUM **

Edward L. Cook appeals the district court’s denial of his habeas corpus petition on three grounds: (1) the state appellate court violated his due process rights when it applied a newly-announced and unconstitutional rule of law to his case; (2) the state trial court violated his Due Process and Sixth Amendment rights by failing to *790 instruct the jury on the elements of aiding and abetting; and (3) he was denied effective assistance of counsel when his lawyer failed to request specific instructions relevant to his theory of the case. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

1. Standard of Review

We review the district court’s denial of a habeas corpus petition de novo and its findings of fact for clear error. Nulph v. Cook, 333 F.3d 1052, 1056 (9th Cir.2003). Because Cook’s petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), we can grant relief only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1).

2. Aiding and Abetting Instructions…

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